Bartlett v Bartlett [2000] FCA 120

FEDERAL COURT OF AUSTRALIA

Bartlett v Bartlett [1999] FCA 120 APPEAL – limitations – whether s 52(1A) of the Motor Accidents Act 1988 (NSW) imposes a time limitation on the commencement of proceedings within the meaning of s 56 of the Limitation Act 1985 (ACT) – whether a proceeding commenced before expiration of the six months period prescribed by s 52(1A) is premature – whether s 52(1A) is a "limitation law". LIMITATIONS – appeal against an order granting an extension of time within which to institute proceedings – relevant considerations – rejection of evidence of the applicant's tax returns – relevance to prejudice to the defendant – relevance of excessive delay of six and a half years between the date of accident and first notification of the claim to the relevant insurer – excessive delay – significance of possibility of prejudice. LIMITATIONS – application for extension of time – exercise of discretion – whether the applicant for leave has demonstrated that it is fair and just that leave be granted – failure to satisfy that test. Motor Accidents Act 1988 (NSW), ss 43, 52 Limitation Act 1985 (ACT). ss 55, 56, 57 Byrne v Australian Associated Motor Insurers Ltd (unreported, Gallop J, Supreme Court of the Australian Capital Territory, 6 November 1998) Budge v Kimmorley (1991) 14 MVR 245 Dousi v Colgate Parmolive Pty Ltd (1987) 9 NSWLR 374 House v King (1936) 55 CLR 499

GRAEME BARTLETT v JOAN BARTLETT NO. A39 of 1999 JUDGES: GALLOP, WILCOX and KENNY JJ DATE: 18 FEBRUARY 2000 PLACE: CANBERRA

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY A39 of 1999

DISTRICT REGISTRY

BETWEEN: GRAEME BARTLETT

Applicant

AND: JOAN BARTLETT

Respondent

JUDGES: GALLOP, WILCOX and KENNY JJ

DATE OF ORDER: 18 FEBRUARY 2000

WHERE MADE: CANBERRA